• Supreme Court Cancels Bail in Rape Case, Citing Victim’s Rights Violation
• Allahabad HC’s “Casual” Bail Order Overturned by Supreme Court
• Supreme Court Upholds Victim’s Rights, Cancels Bail in Heinous Crime

The Supreme Court of India has canceled bail granted by the Allahabad High Court to two individuals accused of raping a minor, citing gross violations of mandatory procedural safeguards under Section 439(1A) of the Code of Criminal Procedure (CrPC) and Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).

A Bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma reprimanded the High Court for granting bail in what it described as a “casual and cursory manner.” The Supreme Court emphasized that the statutory requirements to involve and inform the victim or informant were blatantly ignored.

Legal Lapses Identified by Supreme Court

The Court noted that Section 439(1A), CrPC mandates the presence of the informant or their representative during bail hearings in cases involving heinous crimes, including rape of a minor under Section 376(3) of the Indian Penal Code (IPC).

Similarly, Section 15A(3) of the SC/ST Act requires the Special Public Prosecutor to ensure that the informant is kept informed of all court proceedings, including bail applications.

“In the instant case, there is gross violation of the statutory provisions under Section 439(1A) of the CrPC and Section 15A(3) of the SC/ST Act,” observed the Bench. It further added that the High Court’s failure to assign cogent reasons while granting bail compounded the seriousness of the matter.

Background of the Case

The case pertained to two individuals accused of kidnapping and raping a minor girl in 2021. The charges against them included:

• IPC Provisions: Sections 323 (causing hurt), 363 (kidnapping), 376DA (gang rape on a woman under sixteen), 506 (criminal intimidation), and 392 (robbery).
• Other Acts: Provisions under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the SC/ST Act.

Despite the seriousness of these charges, the High Court had granted bail without ensuring the presence of the victim or her representative during the proceedings. This omission, the victim argued, violated her rights and legal safeguards.

Supreme Court’s Order

Allowing the appeals filed by the victim, the Supreme Court set aside the bail orders and directed both accused persons to surrender before the concerned trial court by December 30.

The Bench reiterated that procedural safeguards are not mere formalities but crucial protections for victims in the criminal justice system.

The appellant was represented by advocates Pranav Sachdeva, Jatin Bhardwaj, D. Abhinav Rao, and Pratik Samajpati, while the respondents were represented by Dr. Vijendra Singh, Vikas Bansal, Rakesh Mishra, Rajiv Dewan, and Divakar Kumar.

Bench Details: Justice Bela M. Trivedi and Justice Satish Chandra Sharma
Case Name: X vs. State of Uttar Pradesh & Another
Focus Keyword: Supreme Court cancels bail in rape case